This section contains the nature of the case and procedural background.

Finley (P) owned land next to Teeter Stone's (D) quarry. D had operated the quarry since 1958. The quarry pit has been gradually enlarged since that time such that it extends virtually to the border of P's land and a depth of 80 feet. D kept the excavation dry by continually pumping out the water that accumulated in its pit. This resulted in a drawdown of water table so that there was now a shallow cone of depression reaching under P's land. This resulted in sinkholes on 35 acres of P's land, and P had evidence that his land had been substantially damaged as a result of the sinkholes. The trial judge directed a verdict to D and granted a judgment for costs. P appealed.

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